[No. 121.]

AN ACT

To be entitled an act for the better organization and regulation of the 40th Regiment; 5th Brigade, and 6th Division of Alabama Militia.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That in addition to the number of officers now allowed by law, there shall be one second lieutenant to each company to be elected in the same manner as other company officers are elected; lieutenants now in commission shall be denominated first lieutenants, all company officers shall wear side arms and epauletts.

Sec. 2.  And be it further enacted, That all commissioned and non commissioned officers shall meet and be drilled the two preceding days before each battalion muster; and on the day preceding each regimental muster, at least three hours in each day by the adjutant, under the supervision of the commanding officer.

Sec. 3.  And be it further enacted, That there shall be held four company musters in each year, and commanders of


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companies shall drill their men at least three hours in each day. The field and staff officers shall muster and drill such companies as are destitute of officers, and those companies whose officers refuse or neglect to muster their men, at least four days in each year, and three hours in each day; non commissioned officers and privates shall be fined fifty cents for each day they shall muster without guns; Notice by advertisement posted up in six public places in each captains beat, fifteen days next preceding any company battalion, or regimental muster, or courts martial, or a notice from one muster to another, shall be deemed sufficient notice.

Sec. 4.  And be it further enacted, That company courts martial shall be held within twenty days after each muster; when a field officer shall have mustered any company, he or such officer as he shall appoint, shall preside at the court martial for the trial of delinquents at said muster, and he shall call to his assistance two or more discreet persons who shall act with him as members of said court; courts martial may be adjourned from day, to day, as occasion may require; and the fines so collected, after defraying the expenses of purchasing instruments of music, and hiring musicians, shall to the use of the regiment:  Provided, such fines be collected and paid out in the manner prescribed by the existing laws.

Sec. 5.  And be it further enacted, That all commanding officers, of whatever rank, shall, annually or oftener, report to the regimental courts martial the manner in which he has executed his duties, and a neglect, or refusal to report as aforesaid, shall be deemed a neglect of duty, and shall be fined accordingly: appeals to be under the regulations of the existing laws, except that there shall be an appeal from battalion to regimental courts martial, there shall be but one appeal in each case.

Sec. 6.  And be it enacted, That all leaders of patrols shall be fined in a sum not less than five, nor more than twenty five dollars for each neglect of duty. The leader shall, at the company muster, report to the commanding officers of the respective beats, the names of delinquents, and the manner they have executed their duties, and a neglect of making such report shall be deemed a contempt of order, and neglect of duty.

Approved, January 17, 1834.

[No. 122.]

AN ACT

To authorize the establishment of a Ferry on the Conecuh river in the county of Conecuh.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That William T. Spier, of the county of Conecuh, be and he is hereby authorized to establish a ferry on the


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Conecuh river on any of the lands belonging to said Spier below the mouth of Mayo=s and Brackins= Mill creek on said river:  Provided however, that the said William T. Spier shall first enter into bond with good and sufficient securities in the sum of one thousand dollars, payable to the judge of the county court of Conecuh county and his successors in office, which bond shall be approved of by said judge and filed in the office of the clerk of the county court of said county, conditioned that the said Spier will deep in good repair the banks and a flat for the safe passage of travelers.

Sec. 2.  And be it further enacted, That the said William T. Spier shall be entitled to demand and receive the following rates of ferriages for crossing said ferry and no more, to wit: for each and every four wheeled carriage, fifty cents; each two wheeled carriage, twenty-five cents; for man and horse, twelve and a half cents; for each led, loose horse, or foot passenger, six and one fourth cents; for each head of cattle, three cents; each head of sheep, goats, &c. one cent; for each head of hogs, one cent.

Approved, January 17, 1834.

[No. 123.]

AN ACT

To authorize Kenny Pool to get coal from the bed of the Warrior river, and for other purposes.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Kenny Pool be and he is hereby authorized to get coal from the bet of the Black Warrior river ad Ward=s shoals to Figner=s field, and shall have the exclusive right for the term of fifteen years, and to accomplish this object the said Kenny Pool is hereby authorized to cut a channel twenty-five feet wide and divert the water of the said river at the said shoals:  Provided, that the navigation of the said river shall not in any manner be impeded or obstructed by the said improvement: And provided further, that the said work shall be commenced within two years, and finished within five years from the passage of this act.

Sec. 2.  And be it further enacted, That if by making the said cutting the navigation of the sued stream be impeded or obstructed, the same shall be deemed a nuisance, and any person or persons wishing to navigate said stream may abate the same as a nuisance.

Approved, January 17, 1834.

[No. 124.]

AN ACT

To regulate the rate of ferriage at the Ferry at or near Vernon, Autauga County.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That hereafter it shall and may be lawful for the keeper of the ferry at or near Vernon, to claim and receive the


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same rate of passage as is allowed to the ferry at Washington in said county, any law or regulation to the contrary not withstanding.

Approved, January 17, 1834.

[No. 125.]

AN ACT

For relief of Terry Riddle.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the sum of one hundred and forty three dollars and forth three cents be and the same is hereby appropriated to the payment of Terry Riddle, for services performed and expences incurred by him in conveying from the jail of Hamilton county, Tennessee, to the jail of St. Clair county, Alabama, John Franklin and James Brock, charged with horse stealing.

Approved, January 17, 1834.

[No. 126.]

AN ACT

To authorize Gideon B. Denton to erect a mill on Talladega creek, in Talladega County.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Gideon B. Denton of the county of Talladega, be and he is hereby authorized to erect a mill on the Talladega creek, in said county, on the north-east quarter of section thirteen, in township nineteen and range four east, of the basis meridian, in the district of land sold at Maridisville.

Sec. 2.  And be it further enacted, That the erection of said mill shall in no wise obstruct or impede the navigation of said Talladega creek, for all vessels or water crafts which may run the same, under a penalty of having the same removable as a nuisance, by order of any court having jurisdiction thereof:  Provided, nothing in this act shall be so construed as to authorize the erection of said mill until the legal right of the land be obtained by the said Gideon B. Denton.

Approved, January 17, 1834.

[No. 127.]

AN ACT

To form a company beat in the County of Marengo, with a less number of privates than forty.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That all that Territory, lying west of the fourth range line, north of the present southern boundary line of the beat of captain Terrell=s company beat, and south of Greene county line, be and the same is hereby constituted and established a company beat, under the same rules and regulation as prescribed by law.

Sec. 2.  And be it further enacted, That is shall be the duty of the proper officers, on the first Monday in March next, to or-


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der the necessary elections for officers, civil and military of said beat so constituted by the first section of this act, which election shall be held at the town of Arcola.

Approved, January 17, 1834.

[No. 128.]

AN ACT

To compensate William D. Pickett, solicitor of the eighth judicial circuit, for certain services therein named.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the sum of two hundred dollars be and the same is hereby allowed to William D. Pickett, solicitor of the eighth judicial circuit, for services performed by him in attending as solicitor, the circuit courts of certain counties laid off in the county acquired from the Creek tribe of Indians, and attending to the organization of courts in said counties, without having received any perquisites of office in said counties, to be paid out of any money in the treasury not otherwise appropriated.

Approved, January 17, 1834

[No. 129.]

AN ACT

For the relief of Charlotte A. A. Baker and Charlotte Dillard.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That from and after the passage of this act, it shall be lawful for Charlotte Amanda Ann Baker, of Green county, to take, receive and hold by purchase, gift or inheritance, any property, either real or personal, free from the hindrance, molestation or authority of her husband Nathan Baker, and the same to dispose of by will, gift or sale in the same manner as if she was a feme sole.

Sec. 2.  And be it further enacted, That all the rights and privileges, granted by this act to Charlotte Amanda Ann Baker, be and the same are hereby granted to Charlotte Dillard, of the county of Madison, and all the disabilities impose on Nathan Baker, be and the same are hereby imposed on George Dillard.

Approved, January 17, 1834.

[No. 130.]

AN ACT

To divorce certain persons therein named.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That in conformity with the decree of the circuit court of Walker county in chancery sitting, the bonds of matrimony, heretofore solemnized and subsisting between Jesse Robins and Jenny Robbins his wife, be dissolved, and that the said Jesse Robbins shall be henceforth divorced from the said Jenny Robbins.


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Sec. 2.  And be it further enacted, That in conformity with the decree of the circuit court of Perry county, the bonds of matrimony, heretofore solemnized and subsisting between Rebecca V. Oneal and her husband Williamson Oneal, be dissolved, and the said Rebecca V. Oneal shall be henceforth divorced from the said Williamson Oneal.

Sec. 3.  And be it further enacted, That in conformity with the decree of the circuit court of Mobile county, the bonds of matrimony, heretofore solemnized and subsisting between Ellen Foster and her husband John Foster, be dissolved, and that the said Ellen Foster shall be henceforth divorced from the said John Foster.

Sec. 4.  And be it further enacted, That in conformity with the decree of the circuit court of Lawrence county, the bonds of matrimony, heretofore solemnized and subsisting between John Garrison and his wife Susan Garrison, be dissolved, and that the said John Garrison be henceforth divorced from the said Susan Garrison.

Sec. 5.  And be it further enacted, That in conformity with the decree of the circuit court of Lauderdale county, the bonds of matrimony, heretofore solemnized and subsisting between Rachael Briggs and her husband Briggs be henceforth divorced from the said Thomas P.G. Briggs.

Approved, January 17, 1834.

[No. 131.]

AN ACT

For the relief of Vienna Jolly.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Vienna Jolly, of the county of Jackson, be and she is hereby authorized to have, hold and possess property, both real and personal, in her own name, and for her own use, and the same to purchase, sell and dispose of, by last will and testament, or otherwise, in the same manner as though she was a feme sole, which property so held and possessed shall not be subjected to the payment of the debts of her husband William Jolly.

Approved, January 17, 1834.

[No. 132.]

AN ACT

To authorize certain persons therein named to charge toll at the western end of the bridge across the Chattahoochie river opposite Columbus Georgia.

WHEREAS, it appears that the commissioners of the town of Columbus, Georgia, have erected a bridge across the Chattahoochie river opposite that place, and that the western abutment of said bridge rests upon the lands of Daniel McDougald, Robert Collins, James C. Watson and Burton Hepburn, within the chartered limits and jurisdiction of this State.


172

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Daniel McDougald, Robert Collins, and their associates or assigns be and they are hereby authorized to make and erect all things necessary to the permanent erection of the western abutment of said bridge on their own lands opposite the town of Columbus, Georgia.

Sec. 2.  And be it further enacted, That the present location of said bridge be and the same is hereby declared permanent.

Sec. 3.  And be it further enacted, That no person, company or corporation shall be authorized to erect a bridge or attach an abutment to the western bank of the Chattahoochie river, nor establish a ferry within two miles of said bridge either above or below the present location on the western side.

Sec. 4.  And be it further enacted, That should a bridge be erected, or a ferry established on said river within two miles of said bridge, the owner or owners of said bridge or ferry shall forfeit and pay for each and every day that he or they may keep the same in operation, or remain attached and affixed to said western banks of the Chattahoochie river, the sum of twenty dollars.

Sec. 5.  And be it further enacted, That the said Daniel McDougald, his associates and assigns be and they are hereby authorized to demand and receive the following rates of toll at the said western abutment of the before mentioned bridge:  Provided further, that the said Daniel McDougald, Robert Collins and their associates or assigns pay to the commissioners of the town of Columbus in the State of Georgia, one half of the value of the bridge erected as aforesaid, said value to be determined by the judge of the county court and commissioners of roads and revenue of the county of Russell, and such competent officers or persons not exceeding five in number, as may be designated by the commissioners of the town of Columbus, in the State of Georgia, acting under oath; if the officers or persons appointed as aforesaid shall neglect and refuse to act then and in that case the judge of the county court and commissioners of roads and revenue of Russell county, under oath as aforesaid, shall determine the value of the bridge erected as aforesaid,:  Provided, they shall keep the same in good repair, and be liable for all accidents, losses or delays which may occur by reason of neglect or from a want of the necessary repairs or substantial erection of the said western abutment of the before mentioned bridge, to wit: for loaded wagon each, seventy-five cents; empty, fifty cents; two horse wagon, loaded, fifty cents; empty, thirty-seven and a half cents; one horse wagon, thirty-seven


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and a half cents ; four wheel pleasure carriage, seventy-five cents; gig and horse, thirty-seven and a half cents; cart and oxen, twenty-five cents; man and horse, twelve and a half cents; footman, six an a quarter cents; loose horse or mule, six and a quarter cents; hogs, sheep or goats, two cents; cattle per head, three cents.

Approved, January 17, 1834.

[No. 133.]

AN ACT

Providing for the erection of public buildings in Monroe County.

Section 1.  Be it enacted by the Senate and House or Representatives of the State of Alabama in General Assembly convened,  That all monies paid into the county treasury of Monroe county, accruing from the sale of lots in Monroeville, shall be applied under the direction of the judge and commissioners, to the fund for erecting the public building of said county.

Approved, January 17, 1834

[No. 134.]

AN ACT

For the relief of Edward Jones and James P. Poston.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That from and after the passage of this act, it may be lawful for the said Edward Jones and James P. Poston to enroll their names as practicing physicians, without undergoing an examination before the medical board.

Sec. 2.  And be it further enacted, That the said Edward Jones and James P. Poston, after complying with the requisitions in the above section, shall be authorized to practice medicine.

Approved, January 18, 1834.

[No. 135.]

AN ACT

To change the names of certain persons therein named and for other purposes.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the names of Samuel Prescott and Jonah Prescott, infant children of Polly Prescott, be and they are hereby changed to that of Samuel Thompson and Johan Thompson.

Sec. 2.  And be it further enacted, That the said children, by the names as above changed, shall be and they are hereby made capable in law, of inheritance, as heirs of Samuel Thompson, of Walker county, in the same manner as if they were legal heirs of said Thompson.

Approved, January 18, 1834.

[No. 136.]

AN ACT

For the relief of John B. McAlister Sheriff of Green county.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, that the sum of thirty four dollars and fifty cents


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be and the same is hereby allowed to John B. McAlister, sheriff of Greene county, for victualling while in the prison of said county, eighty six days, William Wootom, and Josiah Robinson, the first under a charge and conviction of murder, the other under a charge of an assault with intend to murder, to be paid out of any money in the treasury not otherwise appropriated.

Approved, January 18, 1834.

[No. 137.]

AN ACT

To authorize William Johnson to erect a saw and grist mill on the Cahawba river.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That William Johnson, of the county of Dallas, be and he is hereby authorized to erect a saw and grist mill upon the Cahawba river:  Provided however, that the same be upon his own land, and do not, in any way, obstruct the navigation of said river.

Approved, January 18, 1834.

[No. 138.]

AN ACT

To incorporate the Centreville Light Horse Company.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That captain Jackson S. Cleveland, lieutenant cloud F. Barton, second lieutenant Alfred Potts, and their associates in said volunteer company of the county of Bibb, be and they are hereby incorporated under the name and style of the Centreville light horse company as may be deemed necessary:  Provided, said laws, so passed, shall not be contrary to the constitution.

Sec. 2.  And be it further enacted, That any person, within the limits of the fifty third regiment of Alabama militia in said county, shall be authorized to become members of said company:  Provided, that no militia company in said regiment shall be reduced to a less number than forty privates.

Approved, January 18, 1834.

[No. 139.]

AN ACT

To be entitled an act, to incorporate the Town of Wetumpka.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly

That all that tract of land laid off by order of the general government, on both sides of the Coosa river, at the Wetumpka falls, into lots, shall be called and known by the name of the town of Wetumpka.

Sec. 2.  And be it further enacted, That on the second Monday in February next, or as soon thereafter as the citizens


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of the west side of the Coosa river, at the falls and town aforesaid, may think proper; notice being given of the same; and election by ballot shall be held for five councillors, at some convenient place in said town on the west side of the river, and that all free white male persons of the age of twenty one years and upwards, who shall have resided thereon for three months next preceding such election, or who shall be a land or householder, in said town on the west side as aforesaid, shall be entitled to a vote for said councillors, and when the election shall be closed, and the councillors elected and qualified, they shall proceed to elect one of their body intendant, whose duty it shall be to preside and preserve order at all meetings of the council, and the person so elected, shall continue in office until there successors are duly qualified.

Sec. 3.  And be it further enacted, That the first election shall be held and conducted by John M. Byers, Lemuel Bradford, William Harris, Bennet Griffin and N.H. Crocheron, or a majority of them who shall give ten days notice of the time and place of holding said election by advertising the same at three or more places in said town; all future elections shall be managed by such persons not exceeding three in number as the intendant and counsel shall annually appoint, who shall give the like notice of the time and place of holding the same, and the intendant, and council, respectively shall before entering on the duties of his or their office, take the following oath before some justice of the peace of Autauga county; I -------- do solemnly swear, or affirm, as the case may be, that I will equally and impartially perform all the duties required of me, by the act incorporating the town of Wetumpka on the west side of the Coosa river, so help me God.

Sec. 4.  And be it further enacted, That the intendant and council are hereby declared to be a body corporate, by the name of the town council of Wetumpka, and by this name, they and their successors shall be capable of suing and being sued, plead and be impleaded, in all manner of suits, either in law or equity, and to have a common seal, and the same to alter at pleasure, and may purchase, have, hold, possess, receive, enjoy or retain in perpetuity, or for any term of years, estate, real or personal, not exceeding in value twenty thousand dollars, and may sell, or lease the same

Sec. 5.  And be it further enacted, That if the intendant die, resign, be removed from office or absent, the council shall fill such vacancy by an appointment pro tempore, or otherwise; and vacancies in the council shall be filled by the intendant and remaining councillors, a majority of whom shall be a quorum to transact business.


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Sec. 6.  And be it further enacted, That the council shall have power to pass all such orders, bye laws and ordinances, respecting the streets, markets, buildings, pleasure carriages, wagons, carts, drays, and police of said town, that shall be necessary for the security and welfare of the inhabitants thereof, and for preserving health, peace, order, and good government, within the same, and to assess a tax on the inhabitants thereof, not exceeding one third part of the amount of the State tax which is paid for property of the same kind ; they shall have power to prevent and remove nuisances, to appoint patrols and define their duties, to affix fines for offences against their bye laws and ordinances, not exceeding fifty dollars for every offence to be recovered before the intendant or any member of the council, for the use and benefit of the town; to assess a tax on licenses, to retailers of spiritous and other liquors, and billiard tables kept for use in said town, not exceeding on the former ten dollars, and on the latter the sum of fifty dollars, in any one year, they may have power to appoint a clerk and treasurer an assessor and tax collector and constable for said town, to affix the salaries and fees of such officers respectively, and define their duties; to confine any person or persons, for a crime not exceeding six hours, who shall incur any penalty or forfeiture inflicted by any of the ordinances of said incorporation, passed in conformity to the powers vested in them by this act.

Sec. 7.  And be it further enacted, That the intendant and each and every of the council shall be vested with all the powers and authorities that justices of the peace are vested with by the laws of this State, and may exercise the same within the limits of said town on the west side of the river, but in matters of debt only where the town council shall be a party, subject nevertheless to an appeal to the circuit court of Autauga county, as in case of appeals from decisions of justices of the peace.

Sec. 8.  And be it further enacted, That the intendant and council shall have no power to asses a tax on lands which shall not have been laid off, and sold, or any property of the United States, or this State, or property belonging to any seminary of learning, church or religious society; they shall have no power to tax the improvements on any lot for the term of three years, or to make any bye laws or orders, repugnant to the laws of this State, and this act, and all the by laws and ordinances shall be subject to reversal or repeal by the general assembly.

Sec. 9.  And be it further enacted, That if the intendant or any member of the council shall be guilty of any malpractice in office, he shall forfeit and pay a sum not exceeding two hundred dollars, for every such willful neglect or malpractice, to


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be recovered by any person suing for the same, in any court having cognizance of the same, one half for the use of the informer and the other to be paid into the county treasury of the county in which said town is situated.

Sec. 10.  And be it further enacted, That in case, at any time, the intendant and council should fail to hold elections under this charter, it may be the duty of any of the citizens residing on the ease side of the Coosa, in said town, three in number or more, to advertise an election for officers; and a council, so elected, shall be deemed and held equally legal and valid, as if they were elected according to the foregoing provisions of this act.

Approved, January 18, 1834.

[No. 140.]

AN ACT

To allow the executors of William Murrell half pay for a slave killed while under sentence of death.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the sum of two hundred and twenty-five dollars be and the same is hereby appropriated for a payment of the executors of William Murrell for slave Dave, who was killed while under sentence of death, and the comptroller is hereby authorized to draw his warrant on the treasury for the same, to be paid out of any monies in the treasury not otherwise appropriated.

Approved, January 18, 1834.

[No. 141.]

AN ACT

To attach the Militia of Sumpter County to the 6th Brigade of Alabama Militia.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That hereafter the militia of Sumpter County be and the same is hereby attached to the sixth brigade of Alabama militia.

Approved, January 18, 1834.

[No. 142.]

AN ACT

To authorize John M. Sally, George Grisham and Allen Levi to open and make navigable Big Swamp Creek in Lowndes County.

Section 1.  Be it enacted by the Senate and House or Representatives of the State of Alabama in General Assembly convened, That John M. Sally, George Grisham and Allen Levi be and they are hereby authorized to improve the navigation of Big Swamp creek in Lowndes county, from a point near Hayneville to its junction with the Alabama river, so as to make the same navigable for small keel boats and barges, and shall be entitled to the sole and exclusive privilege of using the same for the period of twenty years, and shall be allowed to charge such toll as shall be allowed by the commissioners court of roads and revenue for the county of Lowndes:  Provided,


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that no toll shall be charged until the said work shall be received by commissioners to be appointed by said commissioners court, and until they report to said court that the provisions of this act have been complied with: And provided further, that the said work shall be commenced within one year, and finished within three years from the passage of this act.

Approved, January 18, 1834.

[No. 143.]

AN ACT

For the relief of Mitchell McFarland.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the sum of twenty-nine dollars and twenty-five cents be and the same is hereby appropriated out of any money in the treasury not otherwise appropriated, as compensation for his services rendered the State in the prosecution of Robert H. Freeman of larceny.

Approved, January 18, 1834.

[No. 144.]

AN ACT

To amend an act entitled an act to incorporate a company to build a toll bridge across the Black Warrior river, opposite the town of Tuscaloosa.

Approved, January 2nd, 1833.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the commissioners named in the before recited act, shall have power to open books for the subscription of stock on the first day of February next, or at any time thereafter and as often as they may think proper upon giving ten days notice of the time and place in one or more newspapers published in the town of Tuscaloosa.

Approved, January 18, 1834.

[No. 145.]

AN ACT

To incorporate the Cahawba river Bridge Company.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That a stock company shall be established for the purpose of building a toll bridge across the Cahawba river, at any point on said river between Johnson=s mill and the mouth of Oakmulgee creek, to be selected by three commissioners to be appointed by said company for the purpose, the capital stock of which company shall not exceed twenty-five thousand dollars, divided into shares on one hundred dollars each:  Provided, that said bridge shall not be so constructed as to injure the navigation of said river.

Sec. 2.  And be it further enacted, That subscriptions, towards constituting said company, shall be opened in the town of Marion, Perry county, on the first Monday in May next under the superintendence of Jonathan T. Sims, Levi Landon


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and David McCullough; and in the town of Selma in the county of Dallas, on the first Monday of May next, under the superintendence of Gilbert Shearer, William Johnson and Middleton G. Woods, or a majority of them, and remain open at least two days at each time of opening said books, or until a sum sufficient in their opinion shall be subscribed to build said bridge; ten dollars to be paid on each share at the time of subscribing, and the balance when called for by the president and directors.

Sec. 3.  And be it further enacted, That the subscribers to the said company, their successors and assigns shall be and are hereby created a body corporate and politic by the name and style of president and directors of the Cahawba river bridge company, and by that name shall be and are hereby made able and capable in law to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended in any suit, action, matter or thing depending in any court of law or equity, and also to make and use a common seal, and the same to break, alter or renew at pleasure, and also to make, ordain, establish and put in execution such bye laws and regulations as they may deem necessary for the government of said company, not incompatible with the laws of this State.

Sec. 4.  And be it further enacted, That for the management of said company, the stockholders shall, annually, on the first Monday in January in each and every year, elect three directors by the qualified stockholders of said company, and by a plurality of votes, giving one vote for every share of one hundred dollars, and the said directors so chosen shall be capable of serving until the next annual election, or until their successors are qualified, and the board of directors shall annually elect at the first meeting after their election one of the directors to be president of said corporation, who shall hold his office one year or until his successor shall be elected:  Provided, that when a vacancy shall occur by resignation or otherwise, the board shall have power to fill said vacancy from any stockholder.

Sec. 5.  And be it further enacted, That as soon as a sufficient sum is subscribed, notice thereof shall be given in some public newspaper printed in Selma or Tuscaloosa, and at the same time a notice shall be given of the time and place of holding the first election at least ten days previous to the time of said election.

Sec. 6.  And be it further enacted, That it shall be lawful for the directors to call a general meeting of the stockholders at any time they may deem necessary and expedient, and nay number of the stockholders owning at least one third of the stock, shall have power at any time to call a general meeting


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giving at least two weeks notice in newspaper, and stating the object of said meeting.

Sec. 7.  And be it further enacted, That the property of the aforesaid bridge, when built, shall be and the same is hereby vested in the said corporation for the term of thirty years, and they may demand and receive, on the completion of said bridge, toll according to the following rates, to wit: for every four wheel carriage, fifty cents; for every wagon, fifty cents; for every two wheel pleasure carriage, twenty-five cents; for every cart, twenty-five cents; for every man and horse, twelve and a half cents; for each loose horse, three cents ; for each foot passenger, six and a fourth cents ; for each head of cattle, two cents; for each head of sheep or hogs, two cents.

Sec. 8.  And be it further enacted, That it shall be the duty of said corporation to keep said bridge in good repair as long as they may think proper to receive toll; they shall be held bound for all injuries which may be sustained in passing said bridge, provided said injury result for the negligence of the keeper or from want of repairs to the bridge.

Sec. 9.  And be it further enacted, That it shall be the duty of the commissioners appointed to select a site for said bridge, also to select a site for a road leading to and from said bridge, and mark our the same and apply to the judge of the county court and commissioners of roads and revenue, for a jury to assess the damages for the land the road may pass through, and also for the timber used in the erection of said bridge, whose duty it shall be to appoint said jury, and as soon as the damages shall be paid by said company, to order the road to be opened under the same rules and restrictions as other public highways, and which road shall be of the first grade until it shall intersect other roads.

Sec. 10.  And be it further enacted, That the county court of the county in which said bridge shall be erected, shall be and they are hereby authorized, whenever it may, in the opinion of the judge thereof, be deemed necessary, to appoint suitable commissioners to inspect the situation of the bridge and if a majority of them shall report that the bridge is not in good order and fit for passengers, the court shall have power to suspend the collection of toll until said bridge shall be put in good repair.

Approved, January 18, 1834.

[No. 146.]

AN ACT

To authorize John Baldridge and his associates to turnpike a road therein named.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That John Baldridge and his associates be, and they are hereby, authorized to open and turnpike a road to com-


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mence on the east bank of the Tennessee river at George Caperton=s ferry in Jackson county, thence through the Cherokee nation the nearest and best way by the Sulphur Springs to the State of Georgia.

Sec. 2.  And be it further enacted, That the aforesaid road shall be opened eighteen feet wide, fourteen of which shall be clear of every obstruction; stumps, grubs and runners shall be taken up by the roots or cut level with the ground; sloping ground and banks of water courses shall be so worked on as to admit the easy passage of all kinds of carriages; all marshes and swamps shall be causewayed thirteen feet wide, with good and durable materials in a workman-like manner.

Sec. 3.  And be it further enacted, That when the said John Baldridge and his associates have completed said road and reported the same to the judge of the county court of Jackson county, it shall be the duty of said judge to appoint three suitable persons, two of whom shall be competent to act, to examine said road and report their opinion to the said judge, and the said commissioners shall receive for their services such compensation as the said judge shall deem reasonable to be paid by the said John Baldridge and his associates.

Sec. 4.  And be it further enacted, That should the commissioners to be appointed under the third section of this act, report that the said road has been opened and is in good order, then and in that case, the said John Baldridge and his associates are hereby authorized to erect a gate on said road, the place to be designated by said commissioners; at said gate they may demand and receive of and from every person passing through said gate the following toll, to wit: for every four wheel carriage, one dollar; for every two wheel carriage, fifty cents; for every man and horse, twelve and a half cents for every loose or led horse or mule, six and one fourth cents; for every head of cattle, three cents; for every head of sheep, goats or hogs, two cents; and if any person shall pass around said gate with the intent to avoid the payment of toll, he, or she, for every such offence, shall forfeit and pay, to the said John Baldridge and his associates, the sum of fifteen dollars, to be recovered before any justice of the peace with legal costs for the same.

Sec. 5.  And be it further enacted, That it shall be the duty of the judge of the county court of Jackson county on application to direct the commissioners mentioned in the third section of this act, or any two of them, who shall proceed to examine the condition of the said road and report the condition of the same to the said judge; and in case the said commissioners should report the said road is not in good order, they shall direct the gate to be thrown open, and no toll shall be received


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under the penalty of twenty-five dollars for each offence until said road shall be repaired in a good and sufficient manner; and the said John Baldridge and his associates shall commence the said road within one year from the passage of this act, and shall complete the same within two years thereafter, and shall have all the profits arising from the toll of the same for the term of fifteen years from the time they are authorized to receive toll on said road.

Approved, January 18, 1834.